§ 40-196.9a. Certain contractors ineligible to bid on public work contracts - Monthly list.  


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  • A.  Any contractor convicted of violating the provisions of this act or Sections 1701 through 1707 of Title 68 of the Oklahoma Statutes or determined by the Commissioner to have violated the provisions of Sections 196.1 through 196.12 of Title 40 of the Oklahoma Statutes or Sections 10 and 11 of this act shall be ineligible to bid on or be awarded any public works contract or to perform any construction work in any manner for any public body for a period of two (2) years from the date of such conviction or determination.  Any firm, partnership, corporation or other entity in which such ineligible contractor is an officer, stockholder or has a financial interest or supervises or directs work shall be ineligible to bid on or be awarded any public works contract or perform any construction work in any manner for any public body for a period of two (2) years from the date of such conviction or determination.

    B.  Beginning November 1, 1986, a contractor shall not be eligible to bid on a public works project unless the contractor has submitted valid payroll information to the Wage and Hour Division of the Employment Standards Administration of the United States Department of Labor.  The information required to be submitted pursuant to the provisions of this subsection shall be the same as that information solicited by the United States Department of Labor pursuant to the Federal Davis-Bacon Act.  All bids submitted on a public works project by a contractor shall include an affidavit from the contractor that the contractor is in compliance with the provisions of this subsection.

    C.  The Commissioner shall compile a monthly list which shall include:

    1.  the names of all contractors which the Commissioner has found to be in noncompliance with the provisions of this act within the previous two (2) years as of the date of such list;

    2.  the names of all contractors which the Commissioner has found to have failed to submit said payroll information as set forth in subsection B of this section within the previous two (2) years as of the date of such list;

    3.  the dates on which the latest violations of such contractors occurred; and

    4.  the names of all persons who have been convicted of violating the provisions of Section 10 of this act.

    Upon request, the Commissioner shall mail such monthly list to any public body in this state which may award public works contracts. It shall be the duty of the public body to hold such contractor ineligible to bid on or to be awarded any public works contract for said period of time required in subsection A of this section and to hold such person ineligible to perform any construction work in any manner for any public body pursuant to subsection B of Section 10 of this act.

Added by Laws 1985, c. 49, § 8, eff. Nov. 1, 1985.